5101:4-2-05
Food assistance: authorized representatives.

An authorized representative is a
person/entity who the assistance group chooses to act on its behalf. The
assistance group may have more than one authorized representative selected to
do one or more of the following:

(1)
Act on the
assistance group's behalf, including but not limited to:

(b)
Carrying out responsibilities during the certification
period, such as reporting changes in the assistance group's
circumstances;

(c)
Requesting a state hearing and representing the
assistance group at a state hearing; and

(d)
Receiving all
notices and correspondence issued by the county agency on behalf of the
assistance group. The county agency shall issue notices and correspondence to
both the authorized representative and the assistance group.

(2)
Obtaining food assistance benefits on behalf of the assistance group, i.e.
receive the electronic benefit transfer (EBT) card. Even if the assistance
group is able to obtain its own food assistance benefits, it should be
encouraged to name an authorized representative for obtaining benefits in case
of illness or other circumstances which might result in the inability to obtain
benefits.

(B)
How is an
authorized representative identified? An adult member of the assistance group
may identify and use an authorized representative at any time.

(1)
An assistance
group shall identify in writing an authorized representative who is authorized
to act on their behalf as described in paragraph (A)(1) of this rule. The name
of the authorized representative shall be recorded in the case record. A
nonhousehold member may be designated as an authorized representative provided
that the person is an adult who is sufficiently aware of relevant household
circumstances.

(2)
An assistance group shall name an authorized
representative to obtain food assistance benefits on behalf of the assistance
group as described in paragraph (A)(2) of this rule. The name of the authorized
representative shall be recorded in the case record.

(3)
An assistance
group may name an authorized representative to use food assistance benefits on
its behalf, as described in paragraph (A)(3) of this rule, but is not required
to do so.

(4)
The county agency must develop a system that allows an
assistance group to select an emergency authorized representative in writing
for a particular month's benefits. An assistance group may identify and use an
authorized representative for a one time emergency situation. A separate
written designation is needed each time an emergency authorized representative
is used.

(C)
What are the restrictions on designations of
authorized representatives described in paragraphs (A)(1) and (A)(2) of this
rule?

The county agency may set a limit on
the number of households an authorized representative can represent. The county
agency shall impose the following restrictions for authorized representatives
described in paragraphs (A)(1) and (A)(2) of this rule:

(1)
County agency
employees who are involved in the certification or issuance processes and
retailers who are authorized to accept food assistance benefits shall not act
as authorized representatives. If the county agency determines that no one else
is available to serve as an authorized representative they may with written
approval.

(2)
An individual who is disqualified for an intentional
program violation cannot act as an authorized representative during the
disqualification period unless the county agency has determined that no one
else is available to serve as an authorized representative. The county agency
must separately determine whether the individual is needed to apply on behalf
of the assistance group or to obtain benefits on behalf of the assistance
group.

(3)
When the county agency has confirmed that an
authorized representative has knowingly provided false information or
improperly used food assistance benefits, the representative may be
disqualified to serve as an authorized representative for up to one year. The
assistance group and authorized representative must be notified in writing
thirty days prior to the date of disqualification. The notification must
include the reason for the proposed action and include the assistance group's
right to a state hearing. This provision is not applicable in the case of drug
and alcoholic treatment centers and those group homes which act as authorized
representatives for their residents.

(5)
In the event an employer such as those that employ
migrant or seasonal farm workers are designated as authorized representatives
or a single authorized representative has access to a large number of
authorization documents, the county agency should exercise caution to ensure
that each assistance group has freely requested the assistance of the
authorized representative, the assistance group's circumstances are correctly
represented, and that the authorized representative is properly using the
benefits.

(D)
How are authorized representatives utilized in drug
and alcohol treatment centers and group living arrangements?

(1)
Residents of
drug or alcohol treatment centers must apply and be certified through the use
of an authorized representative. Residents shall be responsible for complying
with requirements described in rule
5101:4-6-01 of the
Administrative Code.

(2)
Residents of group living arrangements have the option
to apply and be certified through the use of an authorized representative as
described in rule
5101:4-6-26 of the
Administrative Code.

(3)
Drug or alcohol treatment centers and group living
arrangements that act as authorized representatives for residents of the
facilities must use food assistance benefits for food prepared and served to
those residents participating in the food assistance program except when a
resident leaves the facility as specified in rules
5101:4-6-01 and
5101:4-6-26 of the
Administrative Code.

(4)
The representatives of the drug and alcohol treatment
centers or group living arrangements that act as authorized representatives for
their residents, and intentionally misrepresent an assistance group's
circumstances, may be prosecuted under applicable federal and state statutes
for their acts.

(1)
When an
applicant or recipient indicates that he or she may have difficulty completing
the application process, the county agency shall explain that a non-assistance
group member may be designated as the authorized representative for the
application process.

(2)
Except for those situations in which a drug and
alcohol treatment center or other group living arrangement acts as the
authorized representative, the county agency must inform the household that
they will be held liable for any overissuance that results from erroneous
information given by the authorized representative.